|
Provided that nothing in this clause shall be deemed to prevent a licensee
from deducting at any time any charges so fixed.
(2) Where a Board is constituted under this Act, the rating
committee shall consist of three members as follows:-
(i) one member shall be nominated by the State Government
who shall be a person who is or has been a judicial officer
not below the rank of a District Judge;
(ii) one member shall be a member of the Board having experience
of accounting and financial matters; and
(iii) one member shall be a representative co-opted
jointly by the two members referred to in clauses (i) and
(ii) from an association of licensees of which the licensee
concerned is or is eligible to be a member and if there
is no such association, from such Chamber of Commerce or similar
body as the State Government may direct.
(3) Where no Board is constituted under this Act the rating
committee shall consist of five members of whom three members
shall be nominated by the State Government, one member shall
be nominated by the licensee and one member shall be nominated
by the association referred to in sub-section (2) or if there
is no such association, by such Chamber of Commerce or similar
body as the State Government may direct.
(4) Of the three member to be nominated by the State Government
under sub-section (3), one shall be a person who is or has
been a judicial officer not below the rank of the District
Judge, one shall be a registered accountant within the meaning
of the Chartered Accountants Act, 1949, having at least ten
years’ experience and one shall be a person with administrative
experience.
(5) The judicial member of a rating committee shall be its
chairman.
(6) A rating committee may act notwithstanding that one of
its member is absent.
(7) The expenditure incurred in connection with a rating committee
as certified by it shall be payable, -
(a) where the rating committee was constituted at the request
of a licensee, or where the rating committee has held that
the licensee has failed to comply with any of the provisions
of the Sixth Schedule, by the licensee from that part of the
clear profit to which the licensee if entitled under that
Schedule;
(b) in any other case, by the Board or the State Government,
as the case may be.
(8) Where a licensee make default in paying any amount which
he is liable to pay under sub-section (7), such amount may,
on application to a Civil Court having jurisdiction, be recovered
from the licensee by the distress and sale of any movable
property of the licensee.
57B. A rating committee under section 57A may, for the purpose
off discharging its functions, by notice in writing, require
the license to give such information, or to furnish such accounts
and other documents in his possession or power, as may be
specified in the notice.
|
